A consular officer in a U.S. Embassy or Consulate must likely interview visa applicants by U.S. legislation. The evaluation of relevant documentation decides whether to approve or deny the application by U.S. legal requirements.
Almost all visa applications are approved; However, there are several occasions under which a visa application may be rejected according to U.S. law. T
he consular officer may reject an application if they do not have all the information required to assess whether the applicant is eligible for a visa, if the applicant is ineligible for the category of visa for which they applied, or if the information they have reviewed suggests that the applicant is subject to one of the reasons for inadmissibility
An applicant may not be eligible for a visa due to present or prior acts, such as consumption of drugs or criminal activity, for example.
In nearly all cases, the applicant is informed of the relevant legal provision if their visa application is declined. The consular official also informs applicants for visas whether they can request a waiver of their ineligibility.
The following explains a few of the most common causes of visa ineligibilities. Examine the Immigration and Nationality Act’s (INA) list of visa ineligibilities for additional details. The Department of State offers more details regarding visa refusals, such as:
- How to apply for a waiver on the grounds of inadmissibility
- How to qualify for a visa
- If you can reapply for a visa
- Reasons you might be ineligible for a visa
How does a visa applicant qualify for a visa?
To be issued a visa, an applicant must meet all requirements made down by the relevant U.S. statutes for the particular visa category for which they are applying.
If you are eligible for the type of visa you are applying for, the consular officer at the US Embassy or Consulate will verify this during your interview.
According to section 104(a) of the Immigration and Nationality Act, consular officers at U.S. Embassies and Consulates are the only people with the power to approve or deny (also known as adjudicate) visa applications.
What does being found ineligible mean?
Your visa application will be refused (denied) if a consular official thinks that you are not authorized to get a visa under U.S. law.
You will be informed of the reason for the refusal. An applicant for a visa may be rejected for a variety of reasons.
The Immigration and Nationality Act (INA) and other immigration statutes include a list of these reasons, sometimes known as ineligibilities. In some situations involving immigrant visas, you, the applicant, or the U.S. petitioner may be able to overcome some ineligibilities.
Some disqualifications last forever. This implies that unless the Department of Homeland Security approves a waiver of your ineligibility, you will be judged ineligible under the same legal clause each time you seek for a visa. Find out more about waivers of ineligibility below.
Here are some examples of visa ineligibilities, with INA references, which are explained further below.
The visa applicant failed to provide the necessary supporting papers in accordance with INA section 221(g) or to fully complete the visa application.
failed to prove eligibility for the type of visa being requested or disprove the assumption that the applicant was an intended immigrant as per INA section 214(b)
was found guilty of a morally repugnant offence under INA section 212(a)(2)(A)(i)(I)
had two or more criminal convictions with sentences of five years or more of incarceration; was
found guilty of a narcotics offence under INA section 212(a)(2)(A)(i)(II);
refused under public charge because they failed to offer a sufficient affidavit of support when one was requested, as per INA section 212(a)(4)
INA § 212(a)(6)(C)(i): committed fraud or misrepresented a material fact in an attempt to obtain a visa. had previously stayed longer than permitted in
Fraudulently obtained a visa by misrepresenting a substantial fact – INA § 212(a)(6)(C)(i)
had previously stayed longer than was permitted in the US – INA § 212(a)(9)(B)(i)
See Ineligibilities and Waivers: Laws for a comprehensive list of all visa ineligibilities set down in the Immigration and Nationality Act.
I was found ineligible for a visa. Can I get my money back?
No. The fee that you paid is a non-refundable application processing fee.
Can I reapply for a visa?
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, except for 221(g) refusals, you must submit a new visa application and pay the visa application fee again.
If you were found ineligible under section 214(b) of the INA, you should be able to present evidence of significant changes in circumstances since your last application. See more information below under INA section 214(b).
Can a friend or relative inquire about my denied visa application?
Department of State visa case records are confidential under INA section 222(f), so information can only be provided to visa applicants, with some exceptions.
Certain information can be provided to U.S. sponsors, attorneys representing visa applicants, members of Congress, or other persons acting on behalf of and with the permission of applicants.
INA Section 221(g) – Incomplete Application or Supporting Documentation What does a visa denial under INA section 221(g) mean?
If your application for a visa is denied under section 221(g) of the INA, it indicates that the consular officer did not have all the necessary information to determine your eligibility for one.
This indicates that you are currently ineligible for the visa due to one of two factors:
Your application is not complete, and/or more documentation is needed. Applications that lack certain mandatory fields will not be accepted.
You will be advised of any more documentation needed to finish your case and how to send it to the embassy or consulate.
A letter outlining the papers you need to submit and informing you that your application has been rejected under 221(g) will also be given to you.
Is there something I can do about a refusal under section 221(g)?
You can provide the missing information or documents as soon as possible if your application was rejected due to a lack of them.
Once the required paperwork has been submitted, your visa application might be reevaluated to see if you still meet the requirements.
After your visa application is denied, you have a year to provide further documentation. Otherwise, you will have to reapply for the visa and pay an additional application cost if you do not give the necessary supplementary information within a year of the first request.
It takes longer after your interview to process your application if more administrative work is needed. Processing times can change depending on the specifics of each case. See Administrative Processing for further details.
What does a visa denial under INA section 214(b) mean?
Only categories of nonimmigrant visas are covered by this law. If you are denied a visa according to section 214(b), you:
Did not convince the consular officer that you meet the requirements for the nonimmigrant visa category you applied for; and/or Did not persuade the officer that you have strong ties to your home country that will force you to return to your home country after your temporary stay, as required by law, to overcome the presumption of immigrant intent. (Applicants for H-1B and L visas, as well as their spouses and any dependent children under age 18, are not subject to this condition.)
What are considered strong ties to my home country?
Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:
- Your job
- Your home
- Your relationships with family and friends.
While conducting visa interviews, consular officers look at each application individually and consider the applicant’s circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.
Is a refusal under section 214(b) permanent?
No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action.
There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa.
To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. Embassy or Consulate where you plan to reapply to learn about any reapplication procedures.
Can every ineligible applicant apply for a waiver?
No. If you are found ineligible for a visa, the consular officer will inform you if can apply for a waiver of ineligibility. The following factors will determine if you may apply for a waiver:
Whether a waiver of ineligibility is available for the particular section of law you are ineligible under;
You must be fully qualified for the visa you applied for, except for that specific ineligibility, to be able to apply for the waiver;
If you are applying for a nonimmigrant visa, generally whether the consular officer who found you ineligible recommends to DHS that you receive a waiver; and
If you are applying for an immigrant visa, whether a waiver is available for your particular situation.
(For example, for certain visa ineligibilities when applying for an immigrant visa, you can only apply for a waiver if you have a U.S. citizen or lawful permanent resident spouse or parent who would endure extreme hardship if you were not able to immigrate.)
How do I apply for a waiver?
The consular officer at the U.S. Embassy or Consulate where you applied will advise you on how to apply if you are eligible for a waiver.
Immigrant Visas Applicants for Nonimmigrant Visas – With very few exceptions, if you are eligible for a waiver, you must mail Form I-601,
Application for Waiver of Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. Visit the USCIS website to learn more.